Current Status Bill Number:3156 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19950110 Primary Sponsor:Hodges All Sponsors:Hodges, Keyserling, Simrill, Haskins Drafted Document Number:PT\1584DW.95 Residing Body:House Current Committee:Judiciary Committee 25 HJ Subject:Lieutenant Governor, election
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
House 19950110 Introduced, read first time, 25 HJ
referred to Committee
House 19941221 Prefiled, referred to Committee 25 HJ
View additional legislative information at the LPITS web site.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 1-3-125 AND 7-13-345 SO AS TO PROVIDE A PROCEDURE FOR FILLING A VACANCY IN THE OFFICE OF LIEUTENANT GOVERNOR, AND PROVIDE THAT NOMINEES FOR GOVERNOR AND LIEUTENANT GOVERNOR ARE PLACED ON THE GENERAL ELECTION BALLOT AS JOINT CANDIDATES; TO AMEND SECTION 7-11-20, AS AMENDED, RELATING TO NOMINATION OF CANDIDATES BY PRIMARY, SO AS TO REQUIRE THE GOVERNOR TO SELECT THE NOMINEE FOR LIEUTENANT GOVERNOR WITH THE SELECTION BEING RATIFIED BY A REPRESENTATIVE GROUP OF THE PARTY; TO AMEND SECTION 7-11-30, RELATING TO THE NOMINATION OF CANDIDATES BY CONVENTIONS, SO AS TO PROVIDE THAT PERSONS WHO RECEIVE THEIR PARTY'S NOMINATION FOR THE OFFICES OF GOVERNOR AND LIEUTENANT GOVERNOR SHALL RUN AS JOINT CANDIDATES IN THE GENERAL ELECTION WITH THE SELECTION BEING RATIFIED BY A REPRESENTATIVE GROUP OF THE PARTY; TO AMEND SECTION 7-11-70, RELATING TO THE NOMINATION OF CANDIDATES BY PETITION, SO AS TO PROVIDE THAT ONLY ONE PETITION IS REQUIRED FOR NOMINEES FOR GOVERNOR AND LIEUTENANT GOVERNOR WHO SHALL RUN AS JOINT CANDIDATES; AND TO AMEND SECTION 7-13-330, RELATING TO THE ARRANGEMENTS OF THE GENERAL ELECTION BALLOTS, SO AS TO PROVIDE FOR THE PLACEMENT OF THE GOVERNOR AND THE LIEUTENANT GOVERNOR ON THE BALLOT AS JOINT CANDIDATES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 1-3-125. If a vacancy in the office of Lieutenant Governor occurs, the Governor, with the advice and consent of the Senate, shall appoint a Lieutenant Governor to serve the remainder of the term of office."
SECTION 2. The 1976 Code is amended by adding:
"Section 7-13-345. Nominees for the offices of Governor and Lieutenant Governor, pursuant to Sections 7-11-20, 7-11-30, and by petition pursuant to Section 7-11-70, must be placed on the ballot as joint candidates under the names of the nominees' respective parties or other specified designation, so that each voter shall cast a single vote for a candidate for Governor and Lieutenant Governor."
SECTION 3. The first paragraph of Section 7-11-20 of the 1976 Code is amended to read:
"(A) Party conventions or party primary elections held by political parties certified as such by the State Election Commission under the provisions of this title to nominate candidates for any of the offices to be filled in a general or special election shall must be conducted in accordance with the provisions of this title and in accordance with party rules not in conflict with the provisions of this title or of the Constitution and laws of this State or of the United States.
(B) (1) A candidate nominated by primary must select the nominee for Lieutenant Governor. The nominee for Lieutenant Governor must be ratified by a majority vote of the following individuals voting as a group:
(a) members of the Congressional Delegation representing that political party;
(b) constitutional officers elected statewide representing that political party; and
(c) the executive committee of that party.
(2) If the nominee for Lieutenant Governor is rejected, the nominee for Governor must submit another nominee for Lieutenant Governor. Those persons who receive their party's nomination for the offices of Governor and Lieutenant Governor shall form a joint candidacy and run as a single unit in the general election."
SECTION 4. Section 7-11-30 of the 1976 Code is amended to read:
"Section 7-11-30. (A) If a party nominates candidates by conventions, the state convention shall nominate the party's candidate for Governor, Lieutenant Governor after being selected by the person receiving the nomination of the party for Governor, and all other statewide officers and United States Senators, members of Congress, and circuit solicitors, and the county conventions shall nominate the party's candidates for all county offices.
(B) (1) The nominee for Lieutenant Governor must be ratified by a majority vote of the following individuals voting as a group:
(a) members of the Congressional Delegation representing that political party;
(b) constitutional officers elected statewide representing that political party; and
(c) the executive committee of that party.
(2) If the nominee for Lieutenant Governor is rejected, the nominee for Governor must submit another nominee for Lieutenant Governor. Those persons who receive their party's nomination for the offices of Governor and Lieutenant Governor shall form a joint candidacy and run as a single unit in the general election.
(C) No convention shall make nominations for candidates for offices unless the decision to use the convention method is reached by a three-fourths vote of the total membership of the convention, except the office offices of state State Senator and of member of the House of Representatives. The nomination of the party's candidates for the office offices of the state State Senator and of member of the House of Representatives must be made in the manner determined by the state committee.
(D) If a party determines that nomination for the office offices of state State Senator and of member of the House of Representatives must be by convention, these nominations must be made by the state convention.
(E) No convention shall make nominations for one or more offices at the convention and order primaries for other offices to be filled during the same election year.
(F) Conventions for political parties not nominating candidates in primaries may be called by state and county committees on other dates than those given in this title for conventions after three weeks' published notices of the calls.
(G) Any political party nominating candidates by party convention shall nominate the party candidates and make the nominations public not later than the time for certifying candidates to the authority charged by law with preparing ballots for the general or special election."
SECTION 5. Section 7-11-70 of the 1976 Code is amended to read:
"Section 7-11-70. A candidate's nominating petition for any office in this State shall contain the signatures of at least five percent of the qualified registered electors of the geographical area of the office for which he offers as a candidate; provided, that no petition candidate is required to furnish the signatures of more than ten thousand qualified registered electors for any office. The official number of qualified registered electors of the geographical area of any office must be the number of registered electors of such area registered one hundred twenty days prior to the date of the election for which the nomination petition is being submitted.
Only one petition is required for the offices of Governor and Lieutenant Governor pursuant to the requirements of this section. A person who submits a nominating petition for either of these offices shall include a nominee for Governor and Lieutenant Governor and if certified the two nominees shall run as joint candidates.
The petition must be certified to the State Election Commission in the case of national, state, circuit, and multicounty district offices; with the county election commission in the case of countywide or less than countywide offices with the exception of municipal offices; with the clerk of a municipality in case of a municipal office, and the certified petition shall constitute and be kept as a public record."
SECTION 6. Section 7-13-330 of the 1976 Code is amended to read:
"Section 7-13-330. The arrangement of general election ballots containing the names of candidates for office shall conform as nearly as possible to the following plan, with a column or columns added in case of nomination by petition and a blank column added for write-in votes, and shall contain the specified instructions there set forth and no other:
No. COUNTY, SOUTH CAROLINA
November , 19
Initials of Issuing Officer
County, South Carolina
November , 19
Precinct
INSTRUCTIONS - To vote a straight party ticket, make a cross (X) in the circle (O) under the name of your party. Nothing further need is needed or should be done. To vote a mixed ticket, or in other words for candidates of different parties, omit making a cross (X) mark in the party circle at the top and make a cross (X) in the voting square opposite the name of each candidate on the ballot for whom you wish to vote. If you wish to vote for a candidate not on any ticket, write or place the name of such candidate on your ticket opposite the name of the office. Before leaving the booth, fold the ballot so that the initials of the manager may be seen on the outside.
Nomination by
Name of Party Name of Party Petition
Name of Office 0 0 0
STATE Governor Governor Governor
and Lt. and Lt. and Lt.
Governor Governor Governor
Governor []Name Names []Name Names []Name Names
of of of
and Lt. Candidate Candidate Candidate
Governor Candidates Candidates Candidates
Lieutenant Lt. Governor Lt. Governor Lt. Governor
Governor []Name of []Name of []Name of
Candidate Candidate Candidate
Secretary Sec. of State Sec. of State Sec. of State
of State []Name of []Name of []Name of
Candidate Candidate Candidate
CONGRES- U.S. Senator U.S. Senator U.S. Senator
SIONAL []Name of []Name of []Name of Senator Candidate Candidate Candidate
Represen- U.S. Repre- U.S. Repre- U.S.Repre-
tative sentative sentative sentative
in Congress []Name of []Name of []Name of
District Candidate Candidate Candidate"
SECTION 7. This act takes effect upon the ratification of the amendment to Article 4, Section 8, of the Constitution of this State, requiring the joint election of the Governor and Lieutenant Governor.